Inflated Districts

Michelle Alexander looks at specific policies that have lead to greater incarceration rates in our nation and have exacerbated racial injustice in her book The New Jim Crow. One of the policies Alexander criticizes is the policy surrounding political representation of incarcerated individuals. After Alexander addresses the reality that our nation locks up minority black and brown men at rates far higher than white men, she addresses questions of voting and districting. Below, Alexander explains how incarcerated individuals are counted by the Census Bureau,

“Under the usual-residence rule, the Census Bureau counts imprisoned individuals as residents of the jurisdiction in which they are incarcerated. Because most new prison construction occurs in predominately white, rural areas, white communities benefit from inflated population totals at the expense of the urban, overwhelmingly minority communities from which the prisoners come. This has enormous consequences for the redistricting process. White rural communities that house prisons wind up with more people in state legislatures representing them, while poor communities of color lose representatives because it appears their population has declined. This policy is disturbingly reminiscent of the three-fifths clause in the original Constitution, which enhanced the political clout of slaveholding states by including 60% of slaves in the population base for calculating Congressional seats and electoral votes, even though they could not vote.”

The presidential election of 2016 showed a powerful split in political preferences between rural and urban parts of the country. Metropolitan areas heavily favored the Democratic candidate, Hilary Clinton, and rural areas overwhelmingly favored Donald Trump from the Republican party. Diving deeper into state politics and representation, we see the same phenomenon play out with state representatives. In my home state of Nevada, the two major population centers, the Las Vegas metropolitan statistical area (MSA) and the Reno MSA, vote democratic while the rural parts of the state vote republican. What the policy that Alexander discusses means is that the MSAs in my state end up loosing seats relative to the rural districts and counties because of the way we count individuals. While Nevada may be dominated by the two million Las Vegas MSA inhabitants and the half million Reno MSA inhabitants, the state likely does see a shift in political representation away from the urban centers toward the rural counties that house the state’s prisons.

It is unlikely that the rural representatives of those prisons favor policies that help improve the neighborhoods and living conditions in the urban communities our prisoners come from. Disturbingly, it is unlikely that our rural representatives favor a reduction in incarceration rates at all since their constituents likely rely on the prison for employment.

It is hard to determine residence and people in prison may be homeless, but nevertheless, we do have the ability today to better analyze and record where our individuals lived prior to being arrested and where they plan to return once released. How we choose count individuals who have short sentences versus life sentences is further in the weeds of the issue, but can be impactful when considering prison populations and the communities that house such prisons. Our nation’s constitution checks urban power by over-representing rural communities in congress, and many state constitutions follow the same suit. Emphasizing this distinction however, and providing greater clout to rural districts that house prisons may encourage a backlash against anti-incarceration movements and may make it less likely that the poor and over policied communities from which our prison population derives, is represented and able to advocate for changes that will improve their lives.

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Design Matters

One of my favorite podcasts is Debbie Millman’s Design Matters. She interviews architects, artists, marketers, designers, and other creative people about their work and their place in the world. It is an excellent show to learn about people who see the world differently and to see what people did to reach success, often without following a traditional path. A common theme running throughout Millman’s show is that design matters. It matters a lot when we look at the built world around us and ask questions about why things operate the way they do, about why people behave the way they do, and about why society is designed the way it is. Design matters because the built environment and the societal structures we adopt or inherit shape who we are as people. Everything hinges on the design we give the world around us: our futures, our possibilities, our idea of what is possible, and our understanding of what is reality.

it is incredibly important that we think about design as a society because poor design leads to inequality and bad outcomes for individuals and for society as a whole. I thought about this when I returned to a sentence I highlighted in Michelle Alexander’s book, The New Jim Crow. Alexander writes, “The unfortunate reality we must face is that racism manifests itself not only in individual attitudes and stereotypes, but also in the basic structure of society.” When we think about design we can begin to connect the inequalities, the disparate impacts, and the problems with society today to the attitudes and behaviors of the past. In his podcast series, Seeing White, on his show Scene on Radio, host John Biewen reflects on the structural elements of racism in our society as opposed to the individual elements. Individual racism is easy to see, easy to condemn, and easy to change, but structural and institutional racism is hard to see, hard to understand, and very difficult to change. However, just because it is hard to see and understand does not mean that structural racism is any less of a threat to society or any less real for the people impacted.

We should be honest with ourselves and accept the idea that structures and systems designed by people who were openly racist can still impact the lives of people today. System and procedures were designed with the interests of white people and white culture in mind, and part of the decisions that were made involved the oppression, the limitation, and the containment of black people. We still must deal with many of these systems, even if their design has been slightly changed, because the original design was effective in allowing some to prosper while others were limited. These designs mattered, and they still matter today. A system that deplores individual racism while supporting hidden and structural racism can influence and shape the lives of individuals and the direction of society arguably more effectively than a system that encourages individual and open racism. To move forward, our nation needs leaders who can be honest about systems and structures and understand that design matters when thinking about government, society, services, communities, and neighborhoods. By becoming more aware, all of us can recognize the way that systems which are currently in place can shape our quality of life and the perceptions we all share, and we can push for new systems that compel us to interact more with our fellow citizens, and encourage us to see each other as people as opposed to enemies.

The Extent of Mass Incarceration

“More African American Adults are under correctional control today—in prison or jail, on probation or parol—than were enslaved in 1850, a decade before the Civil War began.” Michelle Alexander writes this in her book, The New Jim Crow, to demonstrate the extent of mass incarceration in the United States. Mass incarceration is simply the term we use to describe our extensive and high number of arrests and level of imprisionment, and it is a problem because the justice system in many ways does not operate like the blind and fair system we imagine or would like. Criminal justice in the United States, and truly everywhere, depends on humans. We have to have humans to set the laws, arrest the rule-breakers, determine the appropriate punishment, and then deliver a sentence. Throughout The New Jim Crow, Alexander demonstrates how this system has broken down in our country because of the humans, because of our inability to see people without prejudice, and because of a history of race that we cannot simply forget with colorblind glasses.

“The mass incarceration of people with color is a big part of the reason that a black child born today is less likely to be raised by both parents than a black child born during slavery.” When we do not think about criminal justice, and when we do not think about people as people, we allow systems to grow that operate with the worst parts of our nature. Our tribalism takes over and we begin seeing other people and other groups as somehow less than ourselves and the groups to which we belong. We start to look at cultures that are not our own and find ways in which those cultures seem to be inferior to our culture, and then we justify the inequality which benefits us while disadvantaging those from the other tribe.

“The absence of black fathers from families across America is not simply a function of laziness, immaturity, or too much time watching Sports Center. Thousands of black men have disappeared into prisons and jails, locked away for drug crimes that are largely ignored when committed by whites.” What Alexander is explaining is that we are (as a society and as a whole) responsible for the actions, behaviors, and cultures that we see around us and describe as inferior. Concentrated poverty has a disastrous impact on the future of young children, and it was our society and our housing and zoning policies that lead to the segregated ghettos that produced those cultures that we so heavily criticize today. Our decisions, our tribal brains, our self-interest, our ability to exploit others for our own gain, our ability to rationalize our success, our ability to blame the individual for their failure, and our ability to de-humanize those who we see as less than ourselves lead to a nation where we have restricted certain groups of individuals, denied them economic and social mobility, and arrested them for their inevitable humanity. Mass incarceration is not an honest reaction to crime, violence, danger, and a need for punishment. It is a cancerous outgrowth of policy and decisions made in bad faith to protect those who have been favored at the expense of those who have been exploited.

Societal Expectations and Outcomes

It seems to me that a great deal of human outcomes are shaped by society in ways that are not always clear or obvious. Beyond arguments of nature versus nurture, our daily actions seem to be limited, encouraged, prevented, or otherwise influenced by our society and culture. What society tells us is desirable and acceptable makes a diffence in what we want and what we can do, and at the same time social stigmas and taboos keep us from behaving in certain ways. This is important to think about when we look at racial minorities in this country, the way that our society treats those groups, and the outcomes those groups experience. In her book, The New Jim Crow, Michelle Alexander addresses this idea and looks at how society has, over time, reinforced the idea that black men and women are dangerous, less worthy of social assistance, and culturally flawed in ways that prevent them from achieving success.

In the United States, our society is comfortable talking about how bad criminals are, and about how sever punishment for criminals should be. What gets mixed up in this discussion however, are ideas of race. We police and arrest black communities and individuals at much higher rates than white communities and individuals, and then we place severe social stigmas against people who have been incarcerated. Once an individual has been let out of prison, they return to a society that is unwelcoming, will not employ them, does not offer them housing assistance, and rewards those who denigrate the formerly incarcerated. In her book, Alexander shares a quote from Frederick Douglas that demonstrates how this approach is counter productive for reducing crime and changing behavior, which is often described as the main goal of the criminal justice system.

“In Frederick Douglass’s words, “Men are so constituted that they derive their conviction of their own possibilities largely from the estimate formed of them by others. If nothing is expected of a people, that people will find it difficult to contradict that expectation.” A society that sets low expectations for black people, arrests them at unreasonably high levels, calls them criminals, and reduces black culture will produce more black people who fit the description and expectations that society has created. When we do not create environments that encourage everyone to succeed and demonstrate to everyone that they can participate and be welcomed to engage and grow, then many people are left behind and not helped forward.

We see this happening today. A recent paper from Raj Chetty demonstrated that black youth at the top of their class in math and science are less likely to go on to become inventors and file patents relative to white youth with average to below average performance in math and science. What is limiting our children is a lack of support and the lack of a vision of entrepreneurship. A classmate of mine, Chris Dickens, is a youth parol officer, and he explained that children who receive fee for service Medicaid during their time as a ward of the state see a reduced recidivism rate of about 50%. These two examples indicate that crime, success, and opportunity are not simply matters within our own power, but are shaped by the society and environment around us. If we celebrate a culture that criticizes and demeans those who have been marginalized, then we will constantly isolate those who need the most support, and our actions will create the very evils and social outcomes that we claim to dislike.

Do Racial Minorities Commit More Crime?

An argument you may hear about why arrest rates are so high for black and latino people in the United States is that those two groups commit crimes (particularly drug crimes) at higher levels than white people. The evidence for this is the number of black and latino people incarcerated relative to white people. If white people committed more crimes relative to black and latino people, we would have a prison population that was more representative of the non-prison population. This logic however, is incorrect.

Michelle Alexander in The New Jim Crow looks at this argument directly as she examines our criminal justice system and evaluates whether we police and arrest fairly or in a way that disproportionately affects black people and other minority groups. Alexander cites evidence throughout her book to suggest that our policing habits and incarceration practices are influenced by racial attitudes and implicit bias. When you view the system through this lens, you see that the argument above becomes an excuse for racial disparities in policing and an excuse for the poor economic and social outcomes for our minority populations.  In response to such faulty thinking, Alexander writes, “The former New Jersey attorney general dubbed this phenomenon the ‘circular illogic of racial profiling.’ Law enforcement officials, he explained, often point to the racial composition of our prisons and jails as justification for targeting racial minorities, but the empirical evidence actually suggested the opposite conclusion was warranted.”

Further, citing research in racial profiling, Alexander writes, “Whites were actually more likely than people of color to be carrying illegal drugs or contraband in their vehicles. In fact, in New Jersey, whites were almost twice as likely to be found with illegal drugs or contraband as African Americans, and five times as likely to be found with contraband as latinos.”

The New Jim Crow makes it clear that our prisons are over populated with black and latino individuals relative to the crime they commit (particularly drug crimes) and that this over representation is the result of years of racial bias in our country. The way we think about crime in low income neighborhoods, the way we think about drug offenses, and the way we review and evaluate criminal activity puts racial minorities at a disadvantage, and the arrest rates for black and brown people are evidence of our racial biases in policing rather than a justification for our policing and incarceration patterns.

Bias, Race, and Sentencing

In The New Jim Crow, Michelle Alexander explains how racial bias has impacted our criminal justice system, particularly in regard to prosecutorial discretion. Our nation has begun to realize that arrest rates for black and white people are motivated by race, but we have work to do to address bias and race relations beyond initial arrests.  How we prosecute and charge individuals who have been arrested is incredibly consequential and can still be impacted by racial bias. How we view someone once they have been arrested often determines the level and type of justice the individual receives, and we do not always base our judgements on rational facts. Alexander highlights this by quoting a study conducted by George Bridges and Sara Steen that was published in the American Sociological Review. Alexander writes, “In the state of Washington, for example, a review of juvenile sentencing reports found that prosecutors routinely described black and white offenders differently. Blacks committed crimes because of internal personality flaws such as disrespect. Whites did so because of external conditions such as family conflict.”

Whether we are aware of it or not, race influences how we see other people. If we think someone is like us or has a similar background to us, we are more likely to associate with that individual and feel more inclined to give that person a break. If we feel that the other person is not like us and we feel somehow threatened by the other individual, our natural tendency is to protect our tribe by being more punitive of the other. Many of the decisions about who we will charge with what crimes are made outside of the courtroom by individual prosecutors. Before a judge has had a chance to review a case and before anyone has heard evidence in a trial, prosecutors can decide whether to drop a charge, whether to seek full penalties, or whether an individual can take a plea bargain to avoid a trial. The power of the prosecutor is addressed in Alexander’s book, but what she first describes is how our experiences and our conscious and unconscious biases affect the way we see the world and how emotional biases tie into the ways we make decisions.

Alexander continues, “The risk that prosecutorial discretion will be racially biased is especially acute in the drug enforcement context, where virtually identical behavior is susceptible to a wide variety of interpretations and responses and the media imagery and political discourse has been so thoroughly racialized. Whether a kid is perceived as a dangerous drug-dealing thug or instead is viewed as a good kid who was merely experimenting with drugs and selling to a few of his friends has to do with the ways in which information about illegal drug activity is processed and interpreted. In a social climate where drug dealing is racially defined.”

White, middle-class, college men are one of the social groups that is the most likely to use drugs, but the rates of arrest and prosecution for male college drug users far lower than the rate at which this group uses drugs. Alternatively, black men in our country make up a smaller percentage of the population and of overall drug users, but are arrested and prosecuted at much higher levels. Our nation is much more likely to assume that white college men make honest mistakes in college and will behave better in the future, allowing white college men to face fewer consequences for crimes related to drugs and other offenses. Alexander’s argument in the quotes I have shared is that we view black people as more dangerous and threatening, and we associate their crimes with personality flaws which makes us more likely to arrest and punish them. Other groups however, which may be more likely to violate drug laws and other laws, we view as having more potential and we see individuals as having made an honest mistake and deserving a second chance. We must be honest about the crimes we punish people for, and we must recognize when we are reacting to an individual based on appearance and racial bias as opposed to reacting to the crime itself.

This reminds me of a few events from the recent world. Marijuana legalization has been gaining steam across the country, but our nation’s Attorney General has instructed federal law enforcement officers to be more strict in following federal marijuana laws. Despite race being a manufactured concept, a congressional representative recently said that it was important to maintain marijuana restrictions because black people reacted to marijuana so negatively, as if there was a true biological difference between white and black people that made them more susceptible to addiction to marijuana. This comment came at about the same time that Alabama won the national championship for college football. The day after Alabama won, a meme was shared across the internet. The photo featured a high school picture from a future white pro football player next to a high school picture of a current black Alabama football player. The two were the same age, but the Alabama player was much more physically developed in high school, more muscular, and much larger. Seeing the photo, a colleague of mine remarked, “Yep, that’s a man right there.” But in reality these were two young boys. One may have looked older and his physical size and development may lead us to ascribe more maturity to him, but he still had the mind of a junior in high school. I share this just to demonstrate that many people across our nation see black people as different from white people, and see black people as being older and than white people. In the case of the congressman, we see a white man generalize a group of people with no scientific backing, and in the case of my colleague we see physical size create an image of black people that not fully representative of who the individual is.

Our Vision of Criminals and Drug Users

In the United States we have a habit of conflating racial minorities with criminality, drug use, and poverty. When we think about the poor areas of our town, when we think about welfare beneficiaries, and when we think about the people in our jails and prisons we mostly imagine minority individuals and groups. This is not a vision that happened by chance and it is not exactly representative of the populations that live in poverty, have been incarcerated, or use drugs. Our nation built this vision slowly but surely over time starting with the Reagan administration’s war on drugs and rhetoric that established an us versus them mentality in regard to welfare, drug use, and poverty. Very deliberately, the administration and media in the 1980s and 1990s portrayed poor blacks as “them” while suburban whites were cast as the threatened “us”.

Michelle Alexander explains how this started and was fueled in her book The New Jim Crow. She discusses the ways in which incarceration became our answer for drug use, poverty, and growing minority populations. Casting minorities as bad and dangerous people was necessary to build support for greater government control over minority populations. Over time, with continued rhetoric and continued attacks from political elites, race and criminality became entwined so closely that “colorblind” individuals could discuss race and champion policies that would lead to disparate impacts for racial groups without having the appearance of ever discussing race. Alexander shares examples in her book.

She quotes an interview with Jerome Miller, the former executive director of the National Center for Institutions and Alternatives, “There are certain code words that allow you to never have to say ‘race,’ but everybody knows that’s what you mean and ‘crime’ is one of those… so when we talk about locking up more and more people, what we’re really talking about is locking up more and more black men.” Alexander also quotes Melissa Hickman Barlow from Time and Newsweek in 1989, “It is unnecessary to speak directly of race [today] because speaking about crime is talking about race.” And finally, Alexander cites a journal article from 1995 written by Betty Watson Burston, Dionne Jones, and Pat Robertson-Saunders in the Journal of Alcohol and Drug Abuse to describe the way that America had come to see black people and drug use. Alexander writes, “A survey was conducted in 1995 asking the following question: ‘Would you close your eyes for a second, envision a drug user, and describe that person to me?’ The startling results were published in the Journal of Alcohol and Drug Education. Ninety-five percent of respondents pictured a black drug user, while only 5 percent imagined other racial groups.”

What the examples above show is that our country views racial groups very differently. Black people in our minds are associated with poverty, drug use, and criminality. White people are associated with success and money. It is important to recognize how we view different racial groups so that we understand the subtext of our politicians, friends, neighbors, and Facebook-ranting relatives when they talk about harsh sentences for drug users or about policies to be tough of crime. What they really mean in these situations, based on our shared vision of who uses drugs and who commits crime, is that they will be tough on black people. We must understand also how these visions shape our implicit biases and how these expectations of different races impact the children growing up in communities across the country. White children grow up learning that black people are poor criminals and that they need to be controlled, and black children grow up learning that they themselves are dangerous, violent, and prone to drug use. This shapes how our children approach the world and find their place in society. In a very real way then, the rhetoric we use and the language we share begins to impact the way people understand their role and identity in society, and shapes the outcomes as a sort of self-fulfilling prophecys.